ORDER

Dated this the 24^th day of February, 2026 The petitioner is the counter petitioner in M.C.No.87/2026 on file of the Court of the Sub Divisional Magistrate, Kanhangad.

2. The petitioner has stated in the Criminal Miscellaneous Case that, he has been served with Annexure- A1 preliminary order directing him to show cause why he should not be called upon to execute a bond for Rs.50,000/- with two solvent sureties for the like amount for purpose of keeping peace for a period of one year, as envisaged under Section 126 read with Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’, in short).

3. The petitioner contends that, Annexure-A1 order is unsustainable in law because the Sub Divisional Magistrate has not set forth the substance of the information in the said order, which is mandatory under Section 126 read with Section 130 of the BNSS , and the law laid down by this Court in Moidu vs. State of Kerala (1982 KHC 139) . Therefore, Annexure-A1 order may be quashed.

4. Heard; Sri.P.K.Subhash, the learned Counsel for the petitioner and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor.

5. In the above context it is necessary to refer to Sections 126 and 130